April 29, 2004

Update

Bennett's attention was drawn by a police vehicle in the parking lot. When he got more of a view he could see that they had stopped another vehicle, which they were behind. "It was an obvious traffic stop." Bennett did not stop, but continued on. As he drove by, he noticed both officers were struggling with the person in the car.

He saw the two officers leaned into the open driver's door of the vehicle, struggling with the person in the vehicle, commanding him to show them his hands and get out of the vehicle. He heard and did not see a response to these commands.

He heard both commands at least twice. The officers jumped back 3-4 feet away from the vehicle, weapons drawn, more commands, and heard and saw the officers fire.

He says that at the time, one officer near front of the vehicle, other jumped back further back, he doesn't know what officer said what at what time.

He believed both officers had guns in their hands.

Bennett proceeded around and parked in the parking lot opposite the market. He did not hear any other commands after the officer fired. He did notice the further back officer, both had their weapons drawn still, the further back officer was tlaking on his radio and 5-10 seconds later two more police cars showed up, and then several more.

Bennett is identifying two different police cars on the scene at the time, not a single car both both officers.

The other officers did draw their weapons until at least one or two other officers had come down, and then he doesn't believe anyone else had their weapons drawn.

Bennett was on the scene at least for another three hours. He saw officers looking over the area, several had gathered around the vehicle. Another ten or twelve police cars show up, they cordon off the whole block.

He saw the ambulance arrive but did not see the paramedics get out. It arrived 5-6 minutes after the incident, but he doesn't recall for sure.

He says he heard no more commands form the officers after the gunfire. He says eh didn't talk to any other witnesses. Within the first 3-4 minutes he was pointed out to an officer on the scene (one Bennett recognized). A short statement was taken, and then another officer gave a longer statement. He says he gave atleast two witness statements to officers who put them in their notepads and later that evening he was recorded on tape.

Schrunk asks if anything new comes to mind. Bennett says there is not.

Update

Looks like one more witness before lunch recess. This one is Tia Chantel (sp?) Smith. She was with her boyfriend going westbound on Fesseden. They saw a couple officers had pulled over a vehicle. Bennett is her boyfriend. Schrunk reassures the nervous Smith that her boyfriend just testified and left "unscathed."

Smith's turn to go through the diagram process.

She looked to the parking lot because of the commotion they heard. SHe saw a car pulled over and an officer's car behind it, and another officer's car nearby. Sheheard a lot of screaming and hollering so they looked again. Saw one officer leaning into the vehicle... and our webcast just stopped.

She heard repeated commands. "Don't" and "Show us your hands" and "Get out of the car" over and over again.

Suddenly the officer jump back, the one in the car even farther, and then she heard three shots. The officer already standing back, who also jumped back a bit, appeared to be the one that fired.

She says she doesn't know if the officer who was reaching into the car had a gun, but she did see the farther back officer with a gun. She could not see into the car. After the shots, she was sobbing and so doesn't no t know what happened next.

Bennett pulled over, and by that time other officers were arriving. She got out of the car and "tried to get a grip on what I saw." She spoke to officers who asked for their names and told her someone would be with them shortly. She gave at that time a verbal statement, and later gave another statement.

Schrunk asks if anything has jogged her memory on anything not in her earlier statements. Smith can't think of anything.

Question: Ypu parked the car, and how long before an officer came to see you? Only a matter of a few minutes, after another witness pointed them out to police.

Question: How many police cars were there when they drove by? She continues to say two police cars were there when they arrived.

Coming into the bottom of the hour, Schrunk has now called an end to the morning session. Day two of the inquest is in a lunch recess until 1:30 PM. He says he can't "for sure promose you a witness," but that they do have them scheduled.